{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-769.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-769.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-769.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-769.html"}],"law_id":87228,"edition_id":1,"section_id":87228,"structure_id":12989,"section_number":"64.2-769","catch_line":"Delegation by trustee","history":"2005, c. 935, \u00a7 55-548.07; 2012, c. 614.","full_text":"A\n\nA trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:1\n\nSelecting an agent;2\n\nEstablishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and3\n\nPeriodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the terms of the delegation.B\n\nIn performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.C\n\nA trustee who complies with subsection A is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.D\n\nBy accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of the Commonwealth, an agent submits to the jurisdiction of the courts of the Commonwealth.","order_by":null,"text":{"0":{"id":312349,"text":"A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":312350,"text":"Selecting an agent;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":312351,"text":"Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":312352,"text":"Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the terms of the delegation.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":312353,"text":"In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":312354,"text":"A trustee who complies with subsection A is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":312355,"text":"By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of the Commonwealth, an agent submits to the jurisdiction of the courts of the Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12989,"edition_id":1,"name":"Duties and Powers of 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loyalty","url":"\/64.2-764\/","token":"64.2\/III\/7\/8\/64.2-764","metadata":false},{"id":64366,"structure_id":12989,"section_number":"64.2-765","catch_line":"Impartiality","url":"\/64.2-765\/","token":"64.2\/III\/7\/8\/64.2-765","metadata":false},{"id":71701,"structure_id":12989,"section_number":"64.2-766","catch_line":"Prudent administration","url":"\/64.2-766\/","token":"64.2\/III\/7\/8\/64.2-766","metadata":false},{"id":78963,"structure_id":12989,"section_number":"64.2-767","catch_line":"Costs of administration","url":"\/64.2-767\/","token":"64.2\/III\/7\/8\/64.2-767","metadata":false},{"id":54069,"structure_id":12989,"section_number":"64.2-768","catch_line":"Trustee's skills","url":"\/64.2-768\/","token":"64.2\/III\/7\/8\/64.2-768","metadata":false},{"id":87228,"structure_id":12989,"section_number":"64.2-769","catch_line":"Delegation by 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This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":274481,"object_type":"law","relational_id":87228,"identifier":"64.2-769","token":"64.2\/III\/7\/8\/64.2-769","url":"\/64.2-769\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-769\/","token":"64.2\/III\/7\/8\/64.2-769","dublin_core":{"Title":"Delegation by trustee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-769","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A trustee<\/span> may delegate duties and powers that a prudent trustee<\/span> of comparable skills could properly delegate under the circumstances. The trustee<\/span> shall exercise reasonable care, skill, and caution in: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Selecting an agent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Periodically reviewing the agent’s actions in order<\/span> to monitor the agent’s performance and compliance with the terms of the delegation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A trustee<\/span> who complies with subsection A is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> By accepting a delegation of powers or duties from the trustee<\/span> of a trust that is subject to the law<\/span> of the Commonwealth, an agent submits to the jurisdiction<\/span> of the courts<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDELEGATION BY TRUSTEE (\u00a7 64.2-769)\n\nA. A trustee may delegate duties and powers that a prudent trustee of comparable\nskills could properly delegate under the circumstances. The trustee shall\nexercise reasonable care, skill, and caution in:\n\n 1. Selecting an agent;\n\n 2. Establishing the scope and terms of the delegation, consistent with the\n purposes and terms of the trust; and\n\n 3. Periodically reviewing the agent’s actions in order to monitor the\n agent’s performance and compliance with the terms of the delegation.\n\nB. In performing a delegated function, an agent owes a duty to the trust to\nexercise reasonable care to comply with the terms of the delegation.\n\nC. A trustee who complies with subsection A is not liable to the beneficiaries\nor to the trust for an action of the agent to whom the function was delegated.\n\nD. By accepting a delegation of powers or duties from the trustee of a trust\nthat is subject to the law of the Commonwealth, an agent submits to the\njurisdiction of the courts of the Commonwealth.\n\nHISTORY: 2005, c. 935, \u00a7 55-548.07; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}